Parker v. North Carolina/Concurrence Black

Mr. Justice BLACK, concurring.

I concur in the judgment of affirmance and also concur in the opinion except that part on p. 1461 stating, 'It may be that under United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968), it was unconstitutional to impose the death penalty under the statutory framework which existed in North Carolina at the time of Parker's plea.'

Mr. Justice BRENNAN, with whom Mr. Justice DOUGLAS and Mr. Justice MARSHALL join, dissenting in No. 268, and concurring in the result in No. 270.